The author's purpose in writing this text was to illustrate the results obtained by jurisprudence within the recent times surrounding publication, to provide a guide for beginners in the study of jurisprudence, & also to present to the reader with the manner of collecting facts & verifying sources for defending their positions.

The theory of reflexive modernization plausibly advocates postnational cosmopolitanism. As the nation state is eroding today, we are becoming citizens of a ‘global risk society’ whose unity and cohesion is generated by the risk that is threatening us world-wide. By the same token, this world risk society is no longer unified in any political sense. There is no world state; its very idea is even rejected. In this sense, the cosmopolitanism argued for in the theory of reflexive modernization proves predominantly (...) to be an extrapolation of civil society on a global scale, while, strictly speaking, having no cosmo‘political’ counterpart. Building on Marcel Gauchet’s political philosophy, the article questions the cosmopolitanism-beyond-the-political position of the theory of reflexive modernization. To do so, it goes substantially into Gauchet’s view of the representational role of the political as an essential dimension in society formation. (shrink)

Populisme. Sinds extreem rechts recent een bepaald soort salonfähigkeit heeft weten te verwerven in het democratische bestel wordt de term door zelfverklaarde democraten te pas en te onpas gehanteerd om bijvoorkeur ‘rechtse’, maar bij uitbreiding ook alle andere tegenstanders te desavoueren die uit zijn op al te gemakkelijk politiek succes. Vanuit dat perspectief veroorzaakt de term ‘populisme’ geen enkel probleem: het is een dankbare politieke diskwalificatie die iedereen graag gebruikt, maar die niemand graag krijgt toebedeeld.

This essay sets up a dialogue between Lefort’s view on the relationship between the state and modern society and Foucault’s thesis of a governmental turn in the modern power regime, whereby the relations between state and society are thoroughly redrawn. What are the main results? 1) Whereas Lefort’s political ontology leaves room for divergent agencies from which the symbolic institution of the social may unfold, his preoccupation with democracy leans him to inseparably link the symbolic institution of modern society with (...) the functioning of the modern state. 2) By contrast, Foucault’s history of governmentality documents a shift from the political and legal power regime to the biopolitical regime. This shift seems to be accompanied by a turn in the regime of the symbolic institution of modern society. Where that institution hitherto relied on the state, today, a symbiosis of state and neoliberal governmentality seems to be taking over. 3) This shift in power regimes brings along major problems. In political respect, it leads to a re-adjustment of the instituting representations of contemporary society, to a depoliticization of political and social relations, and to the erosion of democracy. (shrink)

In his Law of Peoples, Rawls severely restricts our duties of justice towards the global poor. Many of his critics have replied that there actually exists a global basic structure and that hence the difference principle applies on a global scale.However the shipwrecked of globalization do not contribute in any substantial way to the creation of global wealth. We show that Martha Nussbaum’s cosmopolitan solution to this problem is unsatisfactory because it ignores scarcity as one of the circumstances of justice.If (...) the marginalized of progress want to raise a claim of justice rather than appeal to our beneficence, they can only do so on the basis of a principle of compensation: their fate has been deteriorated by the development of a global economy they did not ask for. Towards the end of the article we point at some typical blind spots in the treatment of these problems in the literature on international distributive justice: the idea that development problems can be solved merely by transfers of money and the presupposition that the gulf between rich and poor is growing all the time. (shrink)

Models as Make-Believe offers a new approach to scientific modelling by looking to an unlikely source of inspiration: the dolls and toy trucks of children's games of make-believe.

The Humility Thesis is a persistent thesis in contemporary metaphysics. It is known by a variety of names, including, but not limited to, Humility, Intrinsic Humility, Kantian Humility, Kantian Physicalism, Intrinsic Ignorance, Categorical Ignorance, Irremediable Ignorance, and Noumenalism. According to the thesis, we human beings, and any knowers that share our general ways of knowing, are irremediably ignorant of a certain class of properties that are intrinsic to material entities … Continue reading Humility Regarding Intrinsic Properties →.

This article gives an overview of the nursing ethics arguments on euthanasia in general, and on nurses' involvement in euthanasia in particular, through an argument-based literature review. An in-depth study of these arguments in this literature will enable nurses to engage in the euthanasia debate. We critically appraised 41 publications published between January 1987 and June 2007. Nursing ethics arguments on (nurses' involvement in) euthanasia are guided primarily by the principles of respect for autonomy, nonmaleficence, beneficence and justice. Ethical arguments (...) related to the nursing profession are described. From a care perspective, we discuss arguments that evaluate to what degree euthanasia can be considered positively or negatively as a form of good nursing care. Most arguments in the principle-, profession- and care-orientated approaches to nursing ethics are used both pro and contra euthanasia in general, and nurses' involvement in euthanasia in particular. (shrink)

In this paper I propose an account of representation for scientific models based on Kendall Walton’s ‘make-believe’ theory of representation in art. I first set out the problem of scientific representation and respond to a recent argument due to Craig Callender and Jonathan Cohen, which aims to show that the problem may be easily dismissed. I then introduce my account of models as props in games of make-believe and show how it offers a solution to the problem. Finally, I demonstrate (...) an important advantage my account has over other theories of scientific representation. All existing theories analyse scientific representation in terms of relations, such as similarity or denotation. By contrast, my account does not take representation in modelling to be essentially relational. For this reason, it can accommodate a group of models often ignored in discussions of scientific representation, namely models which are representational but which represent no actual object. (shrink)

This book develops a new approach to the mind called mental fictionalism. The key idea behind this approach is that the mind is a useful fiction. The book begins with our ordinary conception of the mind (known as folk psychology). At present, the dominant interpretation of folk psychology sees it as an attempt to describe our inner machinery (a view the author calls Cartesianism). The representational theory of mind (or representationalism) argues that our folk theory is true, and that our (...) thoughts (especially our propositional attitudes, such as beliefs and desires) are representations inside our heads. Mental fictionalism offers a new interpretation of folk psychology. According to mental fictionalism, when we attribute beliefs and desires, we do not claim that people have representations inside their heads; we merely pretend that they do. Our ordinary conception of the mind is fundamentally metaphorical: we project the ‘outer world’ of human culture (especially language) onto the ‘inner world’ of the mind. This is an enormously useful way of making sense of people and their behaviour. But we should not forget that this inner world is only a fiction. (shrink)

Two groups of scientists have just announced what is being described as a leap forward in human stem cell research.1–3 Both have found ways of producing what are being called “induced pluripotent cells” , stem cells that they hope will demonstrate the same key properties of regeneration and unrestricted differentiation that human embryonic stem cells possess, but which are derived from skin cells not from embryos. In simple terms, these scientists have succeeded in reprogramming skin cells to behave like hESCs.Stem (...) cell research has been hailed as one of the most important and exciting areas of science, because it is believed that these types of cells will not only play an important part in regenerative medicine, but also yield valuable scientific information. These latest developments in cell reprogramming represent a milestone for stem cell science. No longer does the paradigm of irreversible cell specialisation hold true; instead, almost any type of cell might have the potential to become any other.The advent of techniques for producing these iPCs has also been hailed as an ethical breakthrough. Up until now, the production of hESCs has required a process which involves the destruction of embryos. Many of these embryos are available as by-products of IVF; but in addition, the process of somatic cell nuclear transfer to produce cloned embryonic stem cells requires a supply of human oocytes, which must currently be harvested from female donors at no insignificant cost. In a nutshell, iPCs seem to enable us to produce “embryo-free” human pluripotent stem cells, and in a “gender-neutral” way—that is, without the need for human oocytes.The response from the scientific community, ethical commentators and the public has, however, reflected an inherent confusion over the ethical significance of this research. The anti-embryo …. (shrink)

Mental fictionalism is the view that, even if mental states do not exist, it is useful to talk as if they do. Mental states are useful fictions. Recent philosophy of mind has seen a growing interest in mental fictionalism. To date, much of the discussion has concerned the general features of the approach. In this paper, I develop a specific form of mental fictionalism by drawing on Kendall Walton’s work on make-believe. According to the approach I propose, talk of mental (...) states is a useful pretence for describing people and their behaviour. I try to clarify and motivate this approach by comparing it to well-known alternatives, including behaviourism, instrumentalism and eliminativism. I also consider some of the challenges that it faces. (shrink)

The descriptions and theoretical laws scientists write down when they model a system are often false of any real system. And yet we commonly talk as if there were objects that satisfy the scientists’ assumptions and as if we may learn about their properties. Many attempt to make sense of this by taking the scientists’ descriptions and theoretical laws to define abstract or fictional entities. In this paper, I propose an alternative account of theoretical modelling that draws upon Kendall Walton’s (...) ‘make-believe’ theory of representation in art. I argue that this account allows us to understand theoretical modelling without positing any object of which scientists’ modelling assumptions are true. (shrink)

In this paper, we describe four broad ‘meta-methods’ employed in scientific and philosophical research of qualia. These are the theory-centred metamethod, the property-centred meta-method, the argument-centred meta-method, and the event-centred meta-method. Broadly speaking, the theory-centred meta-method is interested in the role of qualia as some theoretical entities picked out by our folk psychological theories; the property-centred meta-method is interested in some metaphysical properties of qualia that we immediately observe through introspection ; the argument-centred meta-method is interested in the role of (...) qualia in some arguments for non-physicalism; the event-centred metamethod is interested in the role of qualia as some natural events whose nature is hidden and must be uncovered empirically. We will argue that the event-centred metamethod is the most promising route to a comprehensive scientific conception of qualia because of the flexibility of ontological and methodological assumptions it can provide. We also reveal the hidden influences of the different meta-methods and in doing so show why consideration of meta-methods has value for the study of consciousness. (shrink)

Recent philosophy of science has seen a number of attempts to understand scientific models by looking to theories of fiction. In previous work, I have offered an account of models that draws on Kendall Walton’s ‘make-believe’ theory of art. According to this account, models function as ‘props’ in games of make-believe, like children’s dolls or toy trucks. In this paper, I assess the make-believe view through an empirical study of molecular models. I suggest that the view gains support when we (...) look at the way that these models are used and the attitude that users take towards them. Users’ interaction with molecular models suggests that they do imagine the models to be molecules, in much the same way that children imagine a doll to be a baby. Furthermore, I argue, users of molecular models imagine themselves viewing and manipulating molecules, just as children playing with a doll might imagine themselves looking at a baby or feeding it. Recognising this ‘participation’ in modelling, I suggest, points towards a new account of how models are used to learn about the world, and helps us to understand the value that scientists sometimes place on three-dimensional, physical models over other forms of representation. (shrink)

O objetivo deste artigo é descrever o grau de parentesco existente entre várias famílias de origem chinesa que se estabeleceram em Nicoya e analisar como isso influenciou suas contribuições para o desenvolvimento socioeconômico da cidade e seus padrões de mobilidade em todo o Pacífico da Costa Rica desde final do século XIX até meados do século XX. Os participantes do estudo são descendentes de imigrantes que se enraizaram em Nicoya entre 1880 e 1950, que possuíam duas peculiaridades: pertenciam aos mesmos (...) clãs familiares, apesar dos diferentes sobrenomes com os quais estavam registrados ou eram da mesma área geográfica e, às vezes, até da mesma aldeia, que desenvolveu laços de afinidade tão fortes quanto laços consanguíneos. Isso lhes permitiu apoiar-se mutuamente para alcançar o desenvolvimento coletivo do grupo de imigrantes chineses em Nicoya. (shrink)

Modeling is central to scientific inquiry. It also depends heavily upon the imagination. In modeling, scientists seem to turn their attention away from the complexity of the real world to imagine a realm of perfect spheres, frictionless planes and perfect rational agents. Modeling poses many questions. What are models? How do they relate to the real world? Recently, a number of philosophers have addressed these questions by focusing on the role of the imagination in modeling. Some have also drawn parallels (...) between models and fiction. This chapter examines these approaches to scientific modeling and considers the challenges they face. (shrink)

More impetus needs to be placed on cord blood donationIn July, the Royal College of Obstetricians and Gynaecologists released a report on the uses and the potential perils of umbilical cord blood collection.1 This report has had the positive effect of drawing attention to what has hitherto been an under addressed topic of medical research and ethics. However, the focus and recommendations of the report say little about one important aspect of cord blood usage—research. Such an omission, although understandable from (...) an organisation primarily concerned with maternal and neonatal health, may nevertheless have implications for the broader applicability of the report’s recommendations, outside the immediate arena of patient care.The RCOG report deals with various aspects of cord blood collection and use—the harvesting procedure itself; cord blood transplantation treatment, either as an autologous cell transplant or as a donation for community use; and whether cord blood banking for personal use should be permitted or encouraged as a privately funded commercial enterprise. It also makes note of some of the legal and ethical issues surrounding cord blood and tissue banking more generally, concerns that will be of increasing importance as more biobanks are established worldwide. A large part of the report deals with concerns on neonatal and maternal safety and whether cord blood collection may pose a risk. These concerns may be valid and certainly, the health of mothers and children should not be compromised. The guidance provided by this report in relation to the collection procedure will undoubtedly assist maternity health professionals in this area.The main relevance of the RCOG …. (shrink)

Recent work in epistemology and philosophy of science has argued that understanding is an important cognitive state that philosophers should seek to analyse. This paper offers a new perspective on understanding by looking to work in philosophy of mind and cognitive science. Understanding is normally taken to be inside the head. I argue that this view is mistaken. Often, understanding is a state that criss-crosses brain, body and world. To support this claim, I draw on extended cognition, a burgeoning framework (...) in cognitive science that stresses the crucial role played by tools, material representations and the wider environment in our cognitive processes. I defend an extended view of understanding against likely objections and argue that it has important consequences for questions concerning the nature of understanding and its relationship to explanation. (shrink)

The similarity view of scientific representation has recently been subjected to strong criticism. Much of this criticism has been directed against a ?naive? similarity account, which tries to explain representation solely in terms of similarity between scientific models and the world. This article examines the more sophisticated account offered by the similarity view's leading proponent, Ronald Giere. In contrast to the naive account, Giere's account appeals to the role played by the scientists using a scientific model. A similar move is (...) often made by defenders of resemblance theories of depiction, who invoke the role played by the artist, or by the viewers of a painting. In this article I look to debates over depiction to assess the difficulties facing those who wish to defend the similarity view of scientific representation. I then turn to examine Giere's account. Ultimately, I argue, this account is unsuccessful: while appealing to the role of scientists offers a promising way to defend the similarity view, Giere's own account does not capture what it is that scientists do when they use a model to represent the world. (shrink)

One important debate between scientific realists and constructive empiricists concerns whether we observe things using instruments. This paper offers a new perspective on the debate over instruments by looking to recent discussion in philosophy of mind and cognitive science. Realists often speak of instruments as ‘extensions’ to our senses. I ask whether the realist may strengthen her view by drawing on the extended mind thesis. Proponents of the extended mind thesis claim that cognitive processes can sometimes extend beyond our brains (...) and bodies into the environment. I suggest that the extended mind thesis offers a way to make sense of realists’ talk of instruments as extensions to the senses and that it provides the realist with a new argument against the constructive empiricist view of instruments. (shrink)

Questions about sincerity play a central role in our lives. But what makes an assertion insincere? In this paper we argue that the answer to this question is not as straightforward as it has sometimes been taken to be. Until recently the dominant answer has been that a speaker makes an insincere assertion if and only if he does not believe the proposition asserted. There are, however, persuasive counterexamples to this simple account. It has been proposed instead that an insincere (...) assertion that p is one made by a speaker who (a) does not express his belief that p; or (b) does not believe that he believes that p; (c) does not assent to p; or (d) does not express any of these cognitive states. We show that these .. (shrink)

The emergency department (ED) is a fast-paced, highly stressful environment where clinicians function with little or suboptimal information and where time is measured in minutes and hours. In addition, death and dying are phenomena that are often experienced in the ED. Current end-of-life care models, based on chronic illness trajectories, may be difficult to apply in the ED. A philosophical approach examining end-of-life care may help us understand how core medical and nursing values are embodied as care practices and as (...) ethical comportment. The integration of Aristotle's notions of phronesis and praxis with Merleau-Ponty's ontological notions of intentional arc and maximum grip in the context of the culture and practices of the ED offers a unique view of clinical and ethical practice at the end-of-life in the emergency setting. Caring for people at the end-of-life calls us to act virtuously based on previous experience, meanings and local practices. The maximum grip of the ultimate particulars of the situation combined with one's experiential and theoretical knowledge opens up situated possibilities for the expert clinician. (shrink)

This Source Book is devoted to the purpose of providing such a basis for genuine understanding of Chinese thought (and thereby of Chinese life and culture, ...

It is evident, in the face of the COVID-19 pandemic that has physicians confronting death and dying at unprecedented levels along with growing data suggesting that physicians who care for dying patients face complex emotional, psychological and behavioural effects, that there is a need for their better understanding and the implementation of supportive measures. Taking into account data positing that effects of caring for dying patients may impact a physician’s concept of personhood, or “what makes you, ‘you’”, we adopt Radha (...) Krishna’s Ring Theory of Personhood (RToP) to scrutinise the experiences of physicians working in intensive care units (ICU) using a fictional scenario that was inspired by real events. The impact of death and dying, its catalysts, internal constituents, external factors, dyssynchrony, and buffers, specific to ICU physicians, were identified and explored. Such a framework allows for ramifications to be considered holistically and facilitates the curation of strategies for conflict resolution. This evaluation of the RToP acknowledges the experience and wide-ranging effects it has on ICU physicians. As such, our findings provide insight into their specific needs and highlight the importance of support on a personal and organisational level. Although further research needs to be conducted, the RToP could serve as the basis for a longitudinal assessment tool supported by the use of portfolios or mentorship due to their provision of personalised, appropriate, specific, timely, accessible and long-term support. (shrink)

In this article we explore the different trajectories of this one drug, phenylbutazone, across two species, humans and horses in the period 1950–2000. The essay begins by following the introduction of the drug into human medicine in the early 1950s. It promised to be a less costly alternative to cortisone, one of the “wonder drugs” of the era, in the treatment of rheumatic conditions. Both drugs appeared to offer symptomatic relief rather than a cure, and did so with the risk (...) of side effects, which with phenylbutazone were potentially so severe that it was eventually banned from human use, for all but a few diseases, in the early 1980s. Phenylbutazone had been used with other animals for many years without the same issues, but in the 1980s its uses in veterinary medicine, especially in horses, came under increased scrutiny, but for quite different reasons. The focus was primarily the equity, economics, and ethics of competition in equine sports, with differences in cross-species biology and medicine playing a secondary role. The story of phenylbutazone, a single drug, shows how the different biologies and social roles of its human/animal subjects resulted in very different and changing uses. While the drug had a seemingly common impact on pain and inflammation, there were inter-species differences in the drug’s metabolism, the conditions treated, dosages, and, crucially, in intended clinical outcomes and perceptions of its benefits and risks. (shrink)

Distributed cognition (d-cog) claims that many cognitive processes are distributed across groups and the surrounding material and cultural environment. Recently, Nancy Nersessian, Ronald Giere, and others have suggested that a d-cog approach might allow us to bring together cognitive and social theories of science. I explore this idea by focusing on the specific interpretation of d-cog found in Edwin Hutchins' canonical text Cognition in the wild. First, I examine the scope of a d-cog approach to science, showing that there are (...) important disputes between cognitive and social theorists on which d-cog remains silent. Second, I suggest that, where social explanations can be recast in d-cog terms, this reformulation will not be acceptable to all social theorists. Finally, I ask how we should make sense of the claim that, on a d-cog analysis, social factors are cognitive factors. (shrink)